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- Effective enforcement with detention of forced labor goods by Canadian border agents, instead of relying on voluntary corporate due diligence.
- Establish a remedy-focused mechanism and incorporate proposed bills. Only Bill C-262 introduced puts more emphasis on the recourse mechanism.
- Targeted scope to adequately address Uyghur state-sponsored forced labor in the Uyghur region and the bill is also expected to allow banning of imports from a particular region. At this time, only Bill S-204 deals with targeted scope.
- The burden of proof rests with the importer to prove that the products concerned have not been contaminated or transported by Uyghur forced labor.
- Creating transparency and supply chain mapping.
The USMCA should impose a coordination system to support Canadian border authorities and ensure transparency. Officials must publicly disclose customs data to enable monitoring of forced labor. A public list of sanctioned production sites, entities, industries and regions must be established and maintained. In addition, this system should oblige companies to disclose relevant information regarding subsidiaries and suppliers throughout their supply chain, including the origin of raw materials.
- Due diligence. Due to the highly repressive environment of this state-sponsored forced labor system, meaningful on-the-ground due diligence is impossible in the Uyghur region. In such cases, a forced labor legislative instrument is an essential complementary tool to business due diligence to deter and prevent businesses from importing goods from these environments.
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